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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3720
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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what right do grandparent have??? can they get vistiation with

Resolved Question:

what right do grandparent have??? can they get vistiation with there grandchildren??
Submitted: 11 months ago.
Category: Family Law
Expert:  Chris T., JD replied 11 months ago.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

In New York, grandparents have a right to ask a judge to grant them visitation. Section 72(1) of the Domestic Relations Law states that:


“[w]here either or both of the parents of a minor child, residing within this state, is, or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent may apply to [supreme or family court] and . . . the court, by order after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interest of the child may require, for visitation rights for such grandparent or grandparents in respect to such child.”

texlawyer :

What that means for you is that you may ask a judge to order visitation, but that does not mean that judge has to grant it. The judge must find that "equity would see fit" for you to have visitation. Ultimately, the court will be asking if ordering visitation is in the best interest of the child.

texlawyer :

Are you there?

texlawyer :

I see that you've rated my service as "bad." I would like to assist you further, but it is important that you ask questions to clarify anything that you don't understand or would like more information on.

Customer:

oh i didn't have the respond before, it didnt show up and until i already had order protection against my mother to reframe any abusive contact to the children and i because she was stalking my house and my children at the bus stop! but i just really want her to leave me alone her and i dont get along at and do not agree on anythin! she protect my drug addict sister and my unemployed brother who neither one the take care there children but she goes after me when ive raised my children since the day the were born she call cps on me and the found nothing wrong at my house > she insane

texlawyer :

If she has problems like you've described, it is very unlikely that a judge would find that giving her visitation rights would be in the best interest of the children.

texlawyer :

As I said before, she doesn't have an absolute right to visitation - she must prove to the judge that she deserves it.

Customer:

well she got with my nephew but her mother is also a drug addict so does that make a difference

texlawyer :

That certainly won't help her get visitation rights.

texlawyer :

If she's a drug addict, very few, if any, judges would grant her visitation.

texlawyer :

From what you've described, it appears unlikely that a judge would grant visitation to the grandparent.

texlawyer :

Do you have any questions?

Customer:

im sorry that came out messed up my sister is the drug addict and my mother received visitation , because my sister does not have vistion except when she goes to mother does that make a difference

texlawyer :

Your sister's situation and yours don't really impact one another. They should be considered separately.

texlawyer :

Your case will be considered on its own facts.

texlawyer :

Do you have any questions?

texlawyer :

If so, feel free to ask. If not, please remember to "rate" my answer before you go.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3720
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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